The URL can be used to link to this page

Home My WebLink AboutORD NO 4380 ORDINANCE NO. AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 124-11 & 124-12) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-S-1A (RESIDENTIAL SUBURBAN - 1 ACRE MINIMUM) TO R-1 (ONE FAMILY DWELLING) ON 4.65 ACRES AND R-S-2.5A (RESIDENTIAL SUBURBAN - 2.5 ACRE MINIMUM) TO R-1 AND 13.12 ACRES AND COUNTY A-1 (LIMITED AGRICULTURE) TO R-1 ON 67.66 ACRES AND COUNTY NR(5} (NATURAL RESOURCES - 5 ACRES) TO R-1 ON 5 ACRES. GENERALLY LOCATED ON THE WEST SIDE FAIRFAX. SOUTH OF REDBANK ROAD. (ZC NO. 05-1783). :c S8 0 WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located southwest corner of East Berkshire Road and Madison Street; and WHEREAS, by Resolution No. 114-06 on June 15, 2006, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-1783 as delineated on attached Zoning Map 124-11 & 124-12 marked Exhibit "A", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact and changes in zoning of the subject property from R-S-1A (Residential Suburban - 1 acre minimum) to R-1 (One Family Dwelling) on 4.65 acres and R-S-2.5A (Residential Suburban - 2.5 acre minimum) to R-1 on 13.12 acres and County A-1 (Limited Agriculture) to R-1 on 67.66 acres and County NR(5) (Natural Resources - 5 acres) to R-1 on 5 acres, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on May 15, 2006, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows single-family residential development; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 114-06, adopted on June 15, 2006: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. Based on the initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was prepared for the project in accordance with CEQA. 4. The proposed project is consistent with surrounding uses. 5. The proposed project, as shown on Exhibit "A," is consistent with the Metropolitan Bakersfield General Plan. ~ ~AK~~ o ~ ~ ..... I- rn _ r- o <:> ()~,r,'''11\ I follows: 6. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "A" 7. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purposes of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore must be granted a "de minimis" exemption in accordance with Section 711 of the State of California Fish and Game Code. Additionally the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the lead agency's decision to prepare a Negative Declaration for this project. 8. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. NOW. THEREFORE. BE IT ORDAINED by the Council of the City of Bakersfield as 1. That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby adopted. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map 124-11 &124-12 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 4. Such zone change is hereby made subject to the "Mitigation/Conditions of Approval" listed in attached Exhibit "C", subject to approval of GPA No. 05-1783. X ~A~~~ a ~ ~ - f::;: J!! '.J '"lRIGINAC> SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ------...()()()--------- ~ ~AK~1> Q ~ >- - i:; ~ v <::> ORIGINAL the I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by Council of the City of Bakersfield at a regular meeting thereof held on SEP 1 ~ ?no~ by the following vote: v - ...--- ---- &...--- l--~~ J~~ COUNCILMEMBER COUCH, CARSON. BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER cOUNCILMEMBER cOUNclLMEMBER COUNclLMEMBER ~ ABSTAIN: ABSENT: 11m,'/. {L Md' AI ~ PAMELA A. McCARTHY. C C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 1 3 2006 APPROVED as to form VIRGINIA GENNARO City Attorney By: ~M #ktr Exhibit A - Zoning Map 124-11 & 124-12 B - Zone Change Legal Description C - Mitigation/Conditions of Approval JS - S:\GPA 2nd 2006\05-1783\Resolution\Cc Ordinance Zc.05-1783,doc ~ ~AK~~ o ~ >- - I- m - ,.... o f)RIGINA~ Exhibit A Zone Map 124-11 & 124-12 X ~AK~?> o cP , -1\ ~ - '::: !!! oI')RIGINAC' w _CD _N I a: V C\J 9a..lIi !!:!<{o LA. It) lQ:E..., W ~ ~(!) ~~ z= >-Ou !::Nw (.) CIl ~ ii It;: i c i~tnf ~~,~ 5hi! ffil [In Cl I ,'It,l ~ I,.'H ~ w - ! - Ii ~ .... 3 w ~" w 9~ 99 i Ii Ii ! x ~ ~ ~ i. ij ~ ~ w ~ i ill W ! ~ .. ! ~ "' i W9 Vr ~ ~ A ....J r i W lia w~ ! ~ ... .:: 0 r W If'" ~ I I !'I!i ?z.. -~-~.lrH .z~2 ~~ IS! l2 .. I ""8..W~~!~:~:j! 2~o ~o" 0 .......WN,.. II: ::l - -a - ""'I' ..di -,. ... .... Q... Z ,...... Z 5! . . iZ!I"!!~~J!Jii~~~i rit! gi ~~~;i :...1 ~!E~!~-..'I:o,..:1!:9Cl:i~2~~i wl!i ~~a~SwIl8~ !!DI!!...!:...::''':.....~i..~ I~~ ~"-4 ..........3f=~:::..i ~-..tntnA~r~!I=i 4) ~ ~. ...W~.W5=.....4Wi ~ ........'3;....."2 .fo"'o ";is8;..~'$J...zcc:!~,,!il:zz cAli! ~~~.~~j:~i;~~:~~oi~ol~:~~~i...;~E:~;~..ze -..~l!Iz=-w~cw....~...II!-.zwww'" ~ :"'54;1:)it.':~:~!l~~..:w'" ~o a~Q..~':I-":~':zal':i!U,.~...:I' ~~O~ar%a:'o8 >~,. tn~~f-~Wa'i~5\c~aas;.3z~ ~S;% ~~Coo-,4.~ II'r 11'1 W w ! ::;.. :;.: :I':: ~ W u ::; u u c : :ll s II! ;' 4 4 U i 4 4 4 ;t ;t n ~ IOJ 4 !:: ~ ~ fit tn tit tA II' _ N &"I . ... .terRa. . . ~ O...NUC_N ~ A. ~':'I :lUUUU~~2~r44&~ini=e~.:i~ ~ S "t~ f'~ t:, :.If; . ... di .~ua ml .-. :tn i :T;:: ,"';'4 .~ t". ~~~'i f~~t I! ~~:.~ ... lt~~:' i ~..~y .: . . . !~. f ;~:~i }. ! I. 9! av4- ~t: i a.fn fup,. . ~ -w . t;.....1 -d't !S-. ~..~ ! .'t'~' .t. ~:.: ~.~ ~~t :I a :-~: i~~1 w"" :1; Il:tl:"a a. !~~ J"a 1l!:;~'1 b:!!~ I ~.~t"; . to..... "'!a~~' i~.J~'" ~ .'!i~1r. s... ~l!i~iJ~ ....: ~!&io ;6t~i 1':;~J 'CilI.r PRE-ZONING/ZONE CHANGE 05-1783 a~ D-HI *If "OS r I I I I I I , I ......\ I I .......... .: ... I IU \ Ii:: (' : > ) ~ I ,/~ I~ I \ /.... I I I .....;.~ 1 1- r-- - -- ---' ~ '-_____.1 ~ ~ . !\! I , I I I rJ I I I I I I ! I I I J r-:- I 1 I I I 1 I I I I J X'f~ll"~ NU1C15 ti w i J i Ii I I; it c C III I '" III I III i .. In 3 cr z Ii: a: ~ ~ I I 'i ~ ~i Ii: 1_, ,;;- ... ,ri: '0" ~' ,Il(~ ,...: , Jf 11:. ... ri: "'~" 'rj' ,'w. i II: c ------- ---~ I 01. .~I 11." HS ----- 'OIllllll t- I c ... ... i ~I ~I W;' , ~ i .0 qt ~ .. ~ J & .. ~ ~ I i It ~ "I ,. 0 Ze l'l 7.~ I:; ~ -OAK o ~ I- - ~ m p ZONING MAP 124-11 I i~ I i al : -, ... . ; sf " ... ~ ' If 1'1 I i ~ I' , I =: ' I I II i ; ,I Ii'llltj~~l:l I i 1~!..l!!!iiili!;;11I 'II ~r 11.11 I 2-1( -....'(.'~a ~ S I I"S ., I Z,l<lIlllh ~wl I I ~ il I: I ,I hi ii=~:::h' 11'li .ul :illll;1 i~~;~~i'.ii~i~~I. ~IIJ!jIJllwl:II...ls~;' illll!iii liU!lliil !ilii IItliil dl:li :d 11 ~ ~ I$~ f'.~~'~ IJ ;:J l51 ;: f IS iiil iril ..I" ia~ ~~ 1111 I~ ~ I Ii Ci!I - fl ill iii '('\11 ~ ~cr! N ~ . -I , I , I : i - I f i ~I ~ J ij i iii' I I.. I I~ 'I ..I I ~.I"g e" ~ "J r II I~ ~I ~ SQ.et.i w"o ~......." ~:e,.: l&: " ~ ~C) Z ~-N z- ~O . I- ~ uNO'> . . I !; ]~ i. i~ s: If . . . ~ ' ~,. I~ IS 0$ a I' .... ,..,.~ "''':'t'. :" r ..'~!'Vv1'"!' ~ .... _ ... .... . . ~.uuu~caa5Ic4L5 o~~,,~_1 PREZONING 05-1783 - ..... + ......... . .... ," ~..: . . ... _: -=',. .. .. .. .... -"f 'I ..,~-- ,':. 1 I I . I , J. ' ;t I~ 'I' ~;t .." ~ ~ i " ~ I ~ ~AK~ ~ o ~ I- '- ~ u_ ....., ... - ZOIllII\,'G ~AP M co I'- ~ I LO o w G z <( :c u w z o ~ G z - z o N I W (k:: C-J ~ . i c ~ il&. C It) W~ ID Z "!!~ :::;;{~ ~~I I . ~! ~ [] ~ c It) I ~ ~ ~ 0 c c 7VNLf:) 30/S ..LSlf3 III N ~ ~ III ~ ; III ~ ~ 01 III ; I III I I ~ I :I ~I ~I ~I ;It - !:e..... IX' "ZIX. ~5' c ag' III ; ! ! c ALNnoo J.J./O N .... a: .0.' .F-" <C .,~.. a:: .... a: .g 4(..... It) N ~ .....~ ~ a:: J.J.NflOO J.J./O c q :;) II: ;It ~ II: ;It ~ ~AK~1> o <.r >- ~ I::: m 'J ,... f)RIGINA~ .' ~ . I . ~ v . CITY OF BAKERSFIELD ZONING DISTRICT DESIGNATIONS R-1 One Family Dwelling C-o ProteSSional and Administration Office 6,000 sq.ft. minimum lot size I , C-1 Neighborhood Commercial E Estate 10,000 sq.fl minimum lot size C-2 Regional Commercial R-S Residential Suburban C-C Commercial Center 24,000 sq.fl/dwelling unit , C-B Central Business R-S-1A Residential Suburban 1 acre minimum lot size PCD Planned Commercial Development R-S-2.5A Residential Suburban M-1 Light Manufacturing 2% acre minimum lot size M-2 General Manufacturing R-S-5A Residential Suburban 5 acre minimum lot $ize M-3 Heavy Industrial R-S-10A Residential Suburban P Automobile Parking 10 acre minimum lot size RE Recreation R-2 Limited Multiple Family Dwelling 4,500 sq.ft. min lot size (single family) Ch Church Overlay 6,000 sq.ft. min lot size (multifamily) , 2,500 sq.ft.lot area/dwelling unit OS Open Space R-3 limited Multiple Family Dwelling HOSP Hospital Overlay 6,000 sq.ft. minimum lot size 1,250 sq.ft. lot area/dwelling unit AD Architectural Design Overlay R4 limited Multiple Family Dwelling FP-P Floodplain Primary 6,000 sq.ft. minimum lot size 600 sq.ft. lot area/dwelling unit FP-S Floodplain Secondary R-H Residential Holding AA Airport Approach 20 acre minimum lot size DI Drilling Island A Agriculture 6,000 sq.ft. minimum lot size PE Petroleum Extactlon Combining A-20A Agriculture SC Senior Citizen Overlay 20 acre minimum lot size HD Hillside Development Combining PUD Planned Unit Development . TT Travel Trailer Park MH Mobilehome S:\Forms\zoneDistricts.doc ~ ~AK~~ G ~ ~ - ~ rn ~ ,... f'\~IGINAE> Exhibit B Zone Change Legal Description ~ ~AK~-9 () <.r ~ -1\ I- m - ,... 'J ')RIGINAC' EXHIBIT "A" ZONE CHANGE - LEGAL DESCRIPTION c- C)\A.",,- Ic-\...- PROPOSEDR-1 [FROM NRW} ~ PARCEL 4 OF PARCEL MAP 10527 AS FILED IN BOOK 51 OF PARCEL MAPS AT PAGES 180 AND 181, IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING ALL THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 12. TOWNSHIP 30 SOUTH. RANGE 28 EAST. M. D. M.. COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: I , BEGINNING AT THE NORTHEAST CORNER, OF SAID PARCEL 4. SAID POINT ALSO BEING ON THE NORTH LINE OF SAID SECTION 12. SAID POINT ALSO BEING AT THE INTERSECTION OF THE CENTERLINE OF REDBANK ROAD (COUNTY ROAD NO. 307) WITH THE WEST RIGHT OF WAY LINE OF THE SOUTHERN PACIFIC RAILROAD; THENCE ALONG THE FOLLOWING FOUR (4) COURSES: (1) SOUTH 00036'52. WEST. ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 921.69 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 4; THENCE (2) NORTH 89046'50. WEST. ALONG THE SOUTH LINE OF SAID PARCEL 4. A DISTANCE OF 236.32 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 4; THENCE ' , (3) NORTH 00036'52. EAST. ALONG THE WEST LINE OF SAID PARCEL 4. A DISTANCE OF 921.69 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 4; THENCE ' (4) SOUTH 89046'50. EAST. ALONG SAID NORTH LINE OF SAID PARCEL 4. A DISTANCE OF 236.32 FEET TO THE POINT OF BEGINNING. CONTAINING 5.00 ACRES. MORE OR LESS PROPOSED R.;.1 ROM E 1 S CoAV\~ ~\ . ALL THAT PORTION 06 HE NORTH HALFf.6F THE NORTHWEST QUARTER OF SECTION 12. TOWNS 30 SOUTH. RANGE 28 EAST. M. D. M., COUNTY OF KERN. STATE OF CALIFORNIA. BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 12, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF SOUTH FAIRFAX ROAD (COUNTY ROAD NO. 181) AND REDBANK ROAD (COUNTY ROAD NO. 307); THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 AND CENTERLINE OF SAID REDBANK ROAD. SOUTH 89046'50. EAST. A DISTANCE OF 1044.41 FEET TO THE POINT OF BEGINNING'; THENCE ALONG THE FOLLOWING lWELVE (12) COURSES: (1) CONTINUING ALONG SAID NORTH LINE AND CENTERLINE. SOUTH 89046'50. EAST, A DISTANCE OF 278.56 FEET TO THE NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP 10527 AS FILED IN BOOK 51 OF PARCEL MAPS AT PAGES 180 AND 181, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE ~ iAJ(~~ ~ ~ !:i m <..) ,... 'd~IGINAf> P:\PROJECTS\05046\LEGALS\ZC1.doc 80M Last printed 1118f2OO5 5:13:00 PM , , EXHIBIT "A" ZONE CHANGE - LEGAL DESCRIPTION (CONTINUED) (2) SOUTH 00036'36- WEST, ALONG THE WEST LINE OF SAID PARCEL 1,. A DISTANCE OF 253.70 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE (3) SOUTH 89046'50. EAST, ALONG SAID SOUTH LINE OF PARCELS 1 THROUGH .I' 3 OF SAID PARCEL MAP NO. 10527. A DISTANCE OF 1.026,63 FEET TO A POINT ON THE WEST LINE OF PARCEL 4 OF SAID PARCEL MAP; THENCE (4) SOUTH 00036'52- WEST, ALONG THE WEST LINE OF SAID :PARCEL 4. A DISTANCE OF 667.99 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 4;~~~ . . (5) SOUTH 89046'50. EAST, ALONG THE SOUTH LINE OF SAID PARCEL 4. A DISTANCE OF 236.32 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE . OF THE SOUTHERN PACIFIC RAILROAD; THENCE (6) SOUTH 00036'52. WEST, ALONG SAID WEST RIGHT OF WAY LINE. A DISTANCE OF 403.38 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 12; THENCE (7) NORTH 8eo46'13. WEST, ALONG SAID SOUTH LINE. A DISTANCE OF 2585.72 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER SAID SECTION 12. SAID POINT ALSO BEING ON THE CENTERLINE OF SOUTH FAIRFAX ROAD; THENCE . (8) NORTH 00036'19" EAST. ALONG SAID WEST LINE AND CENTERLINE. A DISTANCE OF 520.56 FEET; THENCE (9) DEPARTING SAID WEST LINE AND CENTERLINE, SOUTH 90000'00- EAST. A DISTANCE OF 1044.40 FEET; THENCE (10) NORTH 00000'00" EAST. A DISTANCE OF 535.00 FEET; THENCE (11) NORTH 90000'00. WEST, A DISTANCE OF 41.56 FEET; THENCE (12) NORTH 10041'48" EAST. A DISTANCE OF 269.69 FEET TO THE POINT OF BEGINNING. CONTAINING 48.61 ACRES. MORE OR LESS PROPOSEDR-1lERO~11411 Co'-'L'"'\;~ 1\. \ .. .. ALL THAT PORTION F THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 12. TOWNSHIP 30 SOUTH, RANGE 28 EAST, M. D. M.. COUNTY OF KERN, STATE OF CALIFORNIA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 12. ALSO BEING THE CENTERLINE OF INTERSECTION OF REDBANK ROAD (COUNTY ROAD NO. 307) AND SOUTH FAIRFAX ROAD (COUNTY ROAD NO. 181); THENCE ALONG THE FOLLOWING SIX (6) COURSES; (1) SOUTH 89046'50" EAST ALONG THE NORTH LINE OF NORTHWEST QUARTER OF SAID SECTION AND SAID CENTERLINE OF REDBANK ROAD. 1044.41 FEET; THENCE P:\PROJECTS\05046\l.EGALS\ZC1.doc 80M . la.t Drinted 111812005 5:13:00 PM x <o~K~-9 o ~ >- - \;: f!2 v ~IG1NA[> I , EXHIBIT II A" ZONE CHANGE - LEGAL DESCRIPTION (CONTINUED) 1./ DEPARTING SAID NORTH LINE AND CENTERLINE. SOUTH 10041'48. WEST. A DISTANCE OF 269.69 FEET; THENCE SOUTH 90000'00. EAST. A DISTANCE OF 41.56 FEET; THENCE SOUTH 00000'00. WEST. A DISTANCE OF 535.00 FEET; THENCE NORTH 90000'00" WEST. A DISTANCE OF 1044.40 FEET TO THE WEST LINE OF SAID SECTION 12. SAID POINT ALSO' BEING ON THE CENTERLINE OF SAID SOUTH FAIRFAX ROAD; THENCE NORTH 00036'19. EAST. ALONG THE SAID WEST LINE AND SAID CENTERLINE. A DISTANCE OF 804.05 FEET TO THE POINT OF BEGINNING. CONTAINING 19.05 ACRES. MORE OR LESS (2) (3) (4) (5) (6) MciNTOSH & ASSOCIATES 2001 Wheelan Court Bakersfield. CA 93309 (661) 834-4814 P:\PROJECTS\05046\I..EGALS\ZC1.doc 80M Last printed 11/8120055:13:00 PM x ~~Kt'1 o ~ >- ..- ~ ~ t.:> <:> 3 ORIGINAL I , EXHIBIT "A" ZONE CHANGE - LEGAL DESCRIPTION PROPOSEDR-1 FRO 1 RS {,\.~ ~~ S-1A I I ALL THAT PORTIO F. E EAST HAL~ OF NORTHEAST QUARTER OF SECTION .11, TOWNSHIP 30 SOUTH, RANGE 28 EAST. M. D. M.. COUNTY OF KERN, STATE OF CALIFORNIA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: . ,II COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 11. SA,.o POINT ALSO BEING ON THE CENTERLlNE,OF SOUTH FAIRFAX ROAD (COUNTY ROAD NO. 181); THENCE NORTH 00036'19- EAST. ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION. 11 AND SAID CENTERLINE. A DISTANCE OF 374.30 FEET TO THE POINT OF BEGINNING; THENCE ALONGTHE FOLLOWING FOUR (4) COURSES: : (1) NORTH 89044132- WEST, ALONG THE EAST-WEST MID-SECTION LINE OF SAID SECTION 11, A DISTANCE OF 1328.43 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF SAID NORTHEAST QUARTER; THENCE NORTH 00036'36" EAST ALONG THE WEST LINE OF SAID EAST HALF. A DISTANCE OF 582.42 FEET; THENCE DEPARTING SAID WEST LINE, SOUTH 89046'23" EAST. A DISTANCE OF 354.19 FEET; THENCE . SOUTH 00000100" WEST, A DISTANCE OF 207.73 FEET; THENCE (2) (3) (4) P:\PROJECTS\05046\l.EGALS\ZC2.doc 80M Last printed 111912005 7:02:00 AM ~ ~AK~~ <:) ~ ).. - m S ,... ORGNAP 1 I # EXHIBIT "A" ZONE CHANGE.- LEGAL DESCRIPTION I (CONTINUED) I, . (5) SOUTH 89042'30" EAST. A DISTANCE OF 972.00 FEET TO A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER AND SAID CENTERLINE; THENCE (6) . SOUTH 00036'19" EAST, ALONG SAID EAST LINE AND CENTERLINE. A DISTANCE OF 374.30 FEET TO THE POINT OF BEGINNING. CONTAINING 13.12 ACRES, MORE OR LESS. MciNTOSH & ASSOCIATES 2001 Wheelan Court Bakersfield. CA 93309 (661) 834-4814 P:\PROJECTS\05046\LEGALS\ZC2.doc 80M Last printed 11/9120057:02:00 AM ~ ~t>.Kc$"1> C) ~ ~ - m ~ r- vOR_ 2 Exhibit C Mitigation/Conditions of Approval ~ ~AK~~ o ~ ~ - ~ f!! .) ORIGINAl? EXHIBIT C Conditions of Approval General Plan Amendment/Zone Change No. 05-1783 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Qualitv Mitication Measures: 1. To ensure that project emissions are minimized, the applicant is proposing a number of mitigation measures. The following measures have either been applied to the project through the latest URBMMIS Model or will be implemented in conjunction with the San Joaquin Valley Air Pollution Control District (SJVAPCD) rules. The applicant/developer of the project site shall submit documentation to the Planning Department prior to development that they will/have met the following air quality mitigation measures: The project proponent proposes one, or any combination thereof, of the following mitigation measures to achieve one ton on NOx reductions (at the project proponent's discretion): · Construction of a new, warranted signal. · Modification of an existing signalized intersection to add additiona' left turn storage or dedicated right turn capability. · Car crushing of older model cars. · Modification to stationary diesel engines, such as for agricultural use. · Modification of fleet vehicles and/or other mobile sources. The following mitigation measures shall be utilized during the construction phase of the project to reduce construction exhaust emissions: · Water all unpaved or haul road surface as needed. · Limit speed on all unpaved roads to 15 mph. · Water any exposed ground surface as needed. · Stabilize all disturbed areas including inactive storage piles on an as needed basis. · Maintain at least a 6 inch freeboard space during transport of materials and/or cover and wet to limit dust emissions. · Remove mud or dirt accumulations on public roadways immediately when track out exceeds 50 or more feet as well as at the end of the work day. · Cease grading activities during periods of high winds where entrainment of dust will exceed the SJVAPCD 20% opacity requirement. · Limit idling to no more than 20 minutes at a time. · All construction equipment shall be maintained to manufacturers' specification. ~ ~AK~~ o ~ >- - t=. P2 (.? ORIOINA~ Exhibit C Conditions of Approval GPAlZC 05-1783 Page 2 of 5 · Where possible electric equipment shall be used in lieu of diesel or gas powered equipment. · Encourage employees at the construction sites to carpool to and from work as well as during established lunch hours. Mitigation for potentially significant Air Qua/ity Impact. Cultural Impact Mitication Measures: 2. If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. Mitigation for potentially significant cultural resource impacts. 3. If human remains were discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Mitigation for potentially significant cultural resource impact. Traffic and Circulation Impact Mitication Measures: 4. Prior to the issuance of any building permit, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. Mitigation for potentially significant traffic impacts. 5. Pay the proportionate share of the following mitigation measures (not paid for by the RegionalTransportation Impact Fee nor include with normal development improvements) as indicated in Tables 6 of the traffic study (Mcintosh and Associates, November 2005). An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. The recommended mitigations can be found in Table 1 and Table 2: Table 1 Future Intersection Improvements Install Si nal Install Si nal Install Si nal Add EL ET, WL, WT NL & ST Add NT & SL Add NL Provide AII-Wa Sto - Add NT & ST ~ ~AK~-9 o ~ ~ - l- " ..... t"- V (:) 0AIGINAl Exhibit C Conditions of Approval GPAlZC 05-1783 Page 3 of 5 Table 2 Future Roadway Improvements 1m rove to 4-lane, undivided 1m rove to 2-lane divided 1m rove to 4-lane, undivided 1m rove to 4-lane divided 1m rove to 4-lane undivided 1m rove to 2-lane divided 1m rove to 4-lane undivided ADDITIONAL CONDITIONS OF APPROVAL: Public Works Conditions: 6. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: a. Provide fully executed dedication for Redbank Road to collector standards and South Fairfax Road to arterial standards for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPA/ZC area is submitted, dedication can be provided with the map. Upon further development of the GPA/ZC 05-1783 area, improvements shall include full width improvements on the south half of Redbank Road in front of the "gap" parcels (A TN 173-260-09 through 11). If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up- front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. Upon construction of the Northeast Sewer trunk interceptor line along Redbank Road, the City will compact the upper 2.5 feet of the trench "gap" parcels (A TN 173-260-09 through 11) to facilitate a roadway. This will allow the developer to merely fine grade the roadbed, place base and asphalt. In addition, the City will reconstruct the south 1/2 of the existing "gap" parcels (A TN 173-260-09 through 11) roadway to current standards. For orderly development (Modified by City Council). b. These GPAlZC areas are too small to support their own storm drainage sumps. The City will allow no more than one sump per 80 acres; therefore, each GPAlZC area must be included within the drainage area of adjoining property. The developer shall participate in the development of a Planned Drainage Area and provide a drainage study for the GPA/ZC area, showing its proportionate share of the necessary ultimate storm drainage facilities. For orderly development. c. Sewer service must be provided to the GPAlZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to ~ ~AK~~ o <P ~ :!! t: ~ t.:> 0RIGINAC> Exhibit C Conditions of Approval GPAlZC 05-1783 Page 4 of 5 provide a mechanism for the reimbursement of oversizing costs to the developer. For orderly development. d. In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, all retention and detention basins (sumps) shall have a mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments to the sump. This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. For orderly development. 7. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. For orderly development. 8. Payment of median fees for the arterial frontage of the property within the GPA/ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area. For orderly development. 9. Local Mitication Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as indicated in Tables 6 of the traffic study. An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. Proportionate shares from the study as follows: Brundage Ln & Fairfax Rd, Add 1 EBL, 1 EBT, 1 WBL, 1 WBT, 1 NBL, 1 SBT, 2.70% share Fairfax Rd & E. Wilson Rd, Add 1 NBT, 1 SBT, 9.89% share Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound L - Left turn lane, T - Through lane, R - Right turn lane 10. Reaional Transportation Impact Fee Pay the standard residential fees, as adopted at time of development. Department of Conservation: 11. The Division recommends that the developer be required to locate, leakage test, and possibly reabandon the abandoned oil wells on-site prior to construction. The Division recommends that oil well locations be recorded on all applicable future maps and that no structure be located over or in proximity of an abandoned well. Both of these issues are adequately addressed in Section 15.66.080.B. of the Bakersfield Municipal Code, which requires any future lot containing an abandoned oil well to be encumbered with a deed restriction specifying the exact location of such well and prohibiting the construction of any structures within ten feet of the well. Staff will coordinate with the Division and the future subdivider of the project site to ensure compliance with these provisions of the Municipal Code. The Division also notified staff that if excavation or grading operations uncover any previously unrecorded well, then the Division's Bakersfield district office must be notified as such wells may require remedial operations; staff will address this potential issue at the tentative subdivision phase of the project. For public health, safety, and welfare. Citv Attornev: x ~~I(~-s>. o ~ ~ - t:: JE t.:> ORIGINAte::> Exhibit C Conditions of Approval GPAlZC 05-1783 Page 5 of 5 12. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CECA approval or any related development approvals or conditions whether imposed by the City, or not, except for City's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or preceding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. Planninc Department: 13. With submittal of any tentative tract application adjacent to railroad tracks, the applicant shall provide a noise study to determine the height and location of a sound wall. For public health, safety, and welfare. 14. The Redbank Road crossing of the Eastside Canal needs widening, and the Wilson Road and Muller Road crossings on the Eastside Canal must be constructed. Developer shall pay their proportionate share of the cost and shall aid in the formation of a Major Bridge and Thoroughfare District for these crossings. For public health, safety, and welfare. JS: S:\GPA 2nd 2006\05-1783\Staff Reports\Exhibit A-1,doc ~ ~AK~1> a ~ ~ - I- m - t- o 0RIGINAE> MciNTOSH. -&: AssocIATES t~~f June 19, 2006 c;: ~;2(: ... I: 05 City of Bakersfield City Clerk 1501 Truxtun Avenue Bakersfield, California 93301 RE: General Plan Amendment and Zone Change #05-1783 Fairfax Holdings L.P. Mc&A Job# 05..Q46 Honorable Council Members: On behalf of Fairfax Holdings, loP. we hereby appeal the condition to provide full width improvements on the south half of Redbank Road in front of the gap parcels APN# 173-260-09 through APN# 173-260-011. This requirement waS placed on the General Plan.Amendment and Zone Change at the last minute without making the necessary findings to justify full width improvements along other people's properties. These improvements are approximately 1,000 feet in length in front of properties not owned by the applicant and will amount to approximately $250,000 worth of improvements that will be benefiting others. We respectfutly request your consideration in this appeal and your overturning the Planning Commission's recommendation. ./~ Sincerely, 6 6 1 - 8 3 4 - 4 81 4 cc: SIA Partners Fox 661-834-0972 2001 Wheelan Court RAM:tmh Bakersfield. CA 93309 www.mclntoshossoc.com P:\PROJECTS\OS046\lTRS\appeaIIO ze apa.doc mcengrOmclntoshossoc.com ,f', ( " ~ ~AK~1> o <P ~ -1\ '::: fil .;) ,- 0R/GINAC> AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 14th day of September ,2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4380 passed by the Bakersfield City Council at a meeting held on the 13th day of September, 2006 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 124-11 & 124-12) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-S-1A (RESIDENTIAL SUBURBAN -1 ACRE MINIMUM) TO R-1 (ONE FAMILY DWELLING) ON 4.65 ACRES, AND R-S-2.5A (RESIDENTIAL SUBURBAN - 2.5 ACRE MINIMUM) TO R-1 AND 13.12 ACRES AND COUNTY A-1 (LIMITED AGRICULTURE) TO R-1 ON 67.66 ACRES AND COUNTY NR(5) (NATURAL RESOURCES - 5 ACRES) TO R-1 ON 5 ACRES, GENERALLY LOCATED ON THE WEST SIDE FAIRFAX, SOUTH OF REDBANK ROAD. (ZC NO. 05-1783). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: \~ ~ DEPUTY Cit lerk S:\DOCUMENT\FORMS\AOP ,ORD. wpd ~ ~AK~~ o .. ~ ~ - f- m - r- t.:> t) ORIGINAL